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My Tenant Won't Leave, or Has Breached the Lease, and I Need My Property Back

“My tenant refuses to move out even though the contract has ended or I served notice — or they've damaged the place, sublet it or disappeared — and I don't know how to lawfully get my property back.”

Evicting a tenant is a landlord-initiated tenancy dispute over whether a recognised legal ground exists, whether notice was served in the required form and time, and how the resulting order is enforced — in Dubai under Law No. 26 of 2007 as amended by Law No. 33 of 2008, before the Rental Disputes Center (RDC).

Recovering your own property feels as if it should be simple: the contract has ended, or the tenant has broken it, so they should go. Dubai law does not work that way. A landlord can seek eviction only on the grounds the tenancy law lists, the notice must be served in a set way and for a set period, and if the tenant still stays, the route is a claim at the Rental Disputes Center and enforcement through its execution directorate — never a locksmith. Expiry of the contract is not, by itself, a ground. This page follows that sequence, then covers tenant breaches and where the DIFC, Abu Dhabi and ADGM differ. LEXNOVA is not a law firm and does not give legal advice; it can help you explore potentially suitable landlord-side lawyers through LEXNOVA Legal Connect. If the only problem is unpaid rent, see our page on a tenant not paying rent.

LAST REVIEWED 24 SEPTEMBER 2026

WHERE THIS IS HANDLED

Dubai: the Rental Disputes Center (RDC), established as the Rent Disputes Settlement Centre (sometimes abbreviated RDSC) by Dubai Decree No. 26 of 2013, whose Judgment Enforcement Directorate carries out eviction orders. DIFC: the DIFC Courts, including the Small Claims Leasing Tribunal. Abu Dhabi mainland: the Rental Dispute Settlement Committees of the Abu Dhabi Judicial Department. ADGM: the ADGM Courts.

How the answer changes by jurisdiction

  • Dubai (mainland)

    Law No. 26 of 2007, as amended by Law No. 33 of 2008, governs. Article 25(1) sets nine grounds for eviction during the lease, mostly tenant breaches, with a 30-day notice for unpaid rent and other breaches; Article 25(2) sets the only four grounds on expiry — demolition or additions, comprehensive restoration, the owner's or a first-degree relative's own use, and sale — each needing at least 12 months' notice. Every Article 25 notice goes through a notary public or registered mail. The RDC has exclusive jurisdiction across the emirate, including free zones without their own rent tribunal, and enforces its own judgments.

  • DIFC

    DIFC leases fall under the DIFC Leasing Law (DIFC Law No. 1 of 2020, as amended), and the RDC has no jurisdiction over them. A lease terminates only as that Law provides (Article 51), and a lessor needs a Court order to end a residential lease on the Article 54(1) grounds: rent unpaid after the lease's remedy period or 30 days, another material breach unremedied 30 days after written notice, abandonment for more than three months, illegal use or insolvency. Claims up to AED 1,000,000 go to the DIFC Courts' Small Claims Leasing Tribunal. How a residential lease ends at the close of its term should be confirmed with a lawyer.

  • Abu Dhabi (mainland)

    Law No. 20 of 2006 applies (as published by DARI; confirm later amendments with a lawyer). Its Article 23 grounds include late rent — though no eviction is awarded if the tenant pays the arrears and litigation costs before the dispute is decided — unauthorised subletting, overcrowding, misuse, qualifying demolition, and the landlord's own habitation on six months' notice before expiry. Sale is not a ground in that text, and Article 20(3) separately requires a party who does not wish to renew to give two months' (residential) or three months' (commercial) written notice; how the two provisions interact today is a question for a lawyer. Disputes go to the Rental Dispute Settlement Committees of the Abu Dhabi Judicial Department (ADJD); leases are registered in Tawtheeq.

  • ADGM

    For properties on Al Maryah and Al Reem Islands within ADGM, the Real Property Regulations 2024 apply and the ADGM Courts hear landlord-tenant disputes — unpaid rent, lease termination and tenancy breaches — through the eCourts platform, with short-term residential lease claims covering leases under four years. The regulations' own grounds and notice periods could not be verified for this page, so do not assume Dubai's 30-day or 12-month rules apply; an ADGM-qualified lawyer should confirm them first.

STEP 01

Identify the ground you can actually rely on — during the term or at expiry

Grounds during the lease term. Article 25(1) lets a Dubai landlord seek eviction before expiry “only in the following cases”: (a) rent unpaid within 30 days of service of a payment notice; (b) subletting without written approval; (c) illegal use, or use contrary to public order or morals; (d) business premises left empty without valid reason for 30 consecutive or 90 non-consecutive days a year, unless the lease says otherwise; (e) irreversible changes endangering safety, or deliberate or grossly negligent damage; (f) use for another purpose or against planning rules; (g) likely collapse, proved by a Dubai Municipality technical report; (h) any other legal or contractual obligation not met within 30 days of a notice; and (i) government-mandated demolition and reconstruction.

Grounds at the end of the lease. Article 25(2) allows eviction on expiry “only if” the owner will demolish and rebuild or add structures (with the required permits), the property needs restoration or comprehensive maintenance impossible with the tenant inside (verified by a Dubai Municipality technical report), the owner wants it for their own or a first-degree relative's use (proving they own no suitable alternative property), or the owner wants to sell.

Expiry alone is on neither list, and nor is wanting a higher rent. The ground dictates the notice, so test your facts against it with a lawyer before anything goes out.

STEP 02

Serve a valid notice: period, wording, delivery

What the notice should contain. Identify the property, the lease and the tenant; state the Article 25 ground and the facts behind it; and say what the tenant must do — pay the stated arrears or remedy the stated breach within 30 days for grounds (a) and (h), or vacate by an eviction date at least 12 months away for the end-of-term grounds, whose reasons the law requires you to give.

How it must be delivered. Article 25 requires service “through a Notary Public or by registered mail” — stricter than the law's general definition of notice, which also allows hand delivery and electronic means. The RDC's eviction checklist asks for the notarised notice with the notification officer's report, or registered-post proof. Acknowledged WhatsApp messages and emails can be evidence at the RDC, but not a valid eviction notice, and nothing the RDC publishes says a courier delivery suffices.

What it costs and how long it takes. LEXNOVA does not publish notary, Trustee-centre or lawyer charges; the cost depends on the channel, Arabic translation and who drafts the notice. Timing matters more: the 30-day periods run from service, and the 12-month period is counted back from the eviction date. Whether the 12-month notice must also arrive 12 months before the lease's own expiry is not stated in the text, so plan the dates with a lawyer.

STEP 03

If the tenant stays after the notice expires, file the eviction claim at the RDC

If the 30 days pass, or the eviction date arrives and the tenant is still there, file at the Rental Disputes Center. The RDC treats eviction as a request added within a new lawsuit, registered online or at a Real Estate Services Trustee centre. Its checklist asks for the latest Ejari lease, Emirates ID or commercial licence, IBAN evidence, the notarised notice with proof of service and any power of attorney, all in Arabic or legally translated.

At the time of writing (September 2026), eviction is a non-monetary claim with a registration fee of 3.5% of the annual rent (minimum AED 500, maximum AED 20,000) plus small service charges — check the current schedule. Conciliation comes first, with a statutory target of 15 days from the parties' appearance and half the fee refunded if the case settles there; unsettled cases go to the First Instance Division, whose target is 30 days from referral, extendable once. These are targets, not promises.

A landlord can ask the RDC for eviction and for unpaid rent; a lawyer will advise how to structure the claim. Whether compensation for the period a tenant holds over can be added has not been confirmed for this page. Meanwhile, Article 31 keeps the tenant liable for rent throughout the claim, until an award is issued and executed.

STEP 04

Judgment, appeal window and execution: how an eviction order is enforced

RDC judgments in claims under AED 100,000 are normally final, but Decree No. 26 of 2013 lets eviction judgments be appealed whatever the value, within 15 days from the day after the judgment hearing (or from service if the tenant never appeared or filed a defence).

Repossession runs through the RDC's Judgment Enforcement Directorate, which enforces final judgments and can call on the Dubai Courts' Execution Department for help. An execution file can be opened 15 days after the day following a judgment given in the parties' presence, or 15 days after the defendant was notified. At the time of writing (September 2026), eviction in execution costs 1% of the annual rent, capped at AED 5,000, plus small charges — check the current schedule.

The order does not let you remove the tenant or their belongings yourself: the handover and anything left behind are dealt with through the execution process. Money awards are executed by the same directorate, and the RDC states that there is no fee for executing financial claims (at the time of writing, September 2026).

STEP 05

Tenant breaches: damage, unauthorised sublet or occupants, abandonment

Damage beyond the deposit. Only serious damage is an eviction ground under Article 25(1)(e): irreversible changes endangering safety, or damage caused deliberately or by gross negligence. Ordinary damage is a money question. Article 20 lets you hold a deposit to secure maintenance of the property, refundable “or remainder thereof” on expiry, and Article 21 requires the tenant to return the property as received, save for ordinary wear and tear, sending disputes over condition to the RDC. Costs above the deposit are a monetary claim — at the time of writing (September 2026) 3.5% of the amount claimed, minimum AED 500, maximum AED 15,000; check the current schedule.

Unauthorised sublet, short-let or occupants. Unless the lease says otherwise, subletting needs the landlord's written consent (Article 24), and unauthorised subletting is an eviction ground that reaches the subtenant too (Article 25(1)(b)). Holiday-home letting is separately licensed, and those rules are outside this page. Shared housing in Dubai is now separately regulated by Law No. 4 of 2026, with the Rental Disputes Center as the dispute forum.

The tenant has disappeared. Dubai law has no residential abandonment ground; the vacancy ground in Article 25(1)(d) covers business premises only. For a home, use the non-payment ground and the RDC — never entry, clearance or re-letting — and let a lawyer handle serving a tenant who cannot be found.

STEP 06

Never use self-help eviction

Article 34 says the landlord “may not disconnect services from the Real Property or disturb the Tenant in his use of the Real Property in any manner”. Changing the locks, cutting power, water or cooling, removing belongings and blocking access all fall within that. The tenant can report it at the police station for the area, claim damages at the RDC, and petition the RDC's Urgent Matters Judge where services have been cut.

Self-help hands the tenant a claim against you in the same forum you need for your own case, and moves the spotlight from their conduct to yours. Whether a particular act also carries criminal exposure is a question for a lawyer; this page names no offence.

STEP 07

After a personal-use eviction: the re-letting bar, and why a sale is different

Where the RDC rules for the landlord on the own-use ground in Article 25(2)(c), Article 26 bars renting the property to a third party for at least two years (residential) or three years (non-residential) from the date of retaking possession; otherwise the former tenant may ask the RDC for fair compensation, for which the law sets no formula. Plan on the family really moving in. Whether a tenant who left without an RDC ruling can rely on Article 26 is not answered by the text.

Article 26 imposes no equivalent re-letting bar after a sale-based eviction. A sale is different anyway: under Article 28 a transfer of ownership does not affect a tenant's right to stay under a fixed-term lease, and the RDC says a new owner who wants the property vacated must send their own legal notice. After a demolition or renovation eviction, Article 29 gives the former tenant a right of first refusal to return, exercised within 30 days of being notified.

Renewal stand-offs. A party wanting new terms must notify the other at least 90 days before expiry unless the lease says otherwise (Article 14); if you cannot agree, the RDC can determine a fair rent (Article 13); and a tenant who stays on after expiry without your objection is renewed on the same terms (Article 6). None of that is an eviction ground.

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FAQ

Pick a ground listed in Article 25 of Law No. 26 of 2007; serve notice through a notary public or registered mail (30 days for breaches, at least 12 months for sale, own use, demolition or restoration); if the tenant stays, file at the Rental Disputes Center; go through conciliation and the hearing; let the 15-day appeal window pass; then open an execution file. Never change the locks or cut services yourself.

Nothing automatic: an expired notice lets you file, not remove the tenant. File an eviction claim at the RDC with the notice and proof of service. The tenant stays liable for rent while it runs (Article 31), and a final judgment is carried out by the RDC's Judgment Enforcement Directorate. Until then, changing locks or cutting services exposes you to a police report and a damages claim under Article 34.

Not in Dubai. Article 25(2) permits eviction on expiry “only if” you plan demolition or additions, need vacant possession for comprehensive restoration, want the unit for your own or a first-degree relative's use, or are selling — each with at least 12 months' notice. Otherwise the tools are a renewal on agreed terms or asking the RDC to determine a fair rent under Article 13.

Yes. Article 25 requires service “through a Notary Public or by registered mail” for the 12-month notice and for 30-day breach notices, and the RDC's eviction checklist asks for the notarised notice with the notification officer's report, or registered-post proof. Emails or WhatsApp messages may count as evidence, but not as the notice itself; a defective notice may mean starting the 12 months again.

During the term (Article 25(1)): unpaid rent or other breaches unremedied 30 days after notice, unauthorised subletting, illegal use, deliberate or grossly negligent damage, misuse, empty business premises, likely collapse and government-mandated demolition. Only at the end (Article 25(2)): demolition or additions, comprehensive restoration, own or first-degree-relative use, and sale, each on at least 12 months' notice.

LEXNOVA does not predict durations; they depend on whether the notice was valid, whether the tenant settles at conciliation or contests, how quickly service is achieved, whether there is an appeal and how execution runs. A final order lets you open an execution file so the RDC's Judgment Enforcement Directorate recovers possession — it does not let you change the locks yourself.

They can, whatever the claim is worth: Decree No. 26 of 2013 excepts eviction judgments from the AED 100,000 finality rule. The appeal must be lodged within 15 days from the day after the judgment hearing. Because the RDC enforces final judgments, expect to wait for the appellate decision; meanwhile the tenant remains liable for rent until the award is executed (Article 31).

Both. The deposit secures maintenance of the property and is refundable “or remainder thereof” (Article 20), so documented repair costs for damage beyond wear and tear can come out of it; if the tenant disagrees, the RDC decides (Article 21). Claim any excess at the RDC; deliberate or grossly negligent damage may also be an eviction ground under Article 25(1)(e).

The law defines neither. Article 21 excuses ordinary wear and tear and damage beyond the tenant's control; Article 17 puts wear and tear not caused by the tenant's fault on the landlord; Article 19 requires the tenant to care for the property as an ordinary person would their own. In practice, dated move-in and move-out records and real repair invoices are what most disputes turn on.

Unauthorised subletting is a during-term ground under Article 25(1)(b), unless your lease permits it, and the eviction reaches the subtenant. The law has no separate short-let ground, so an unauthorised short-let is approached as subletting. Occupants breaching other lease terms or planning rules may engage grounds (f) or (h), after notice through a notary public or registered mail.

Do not enter, clear or re-let. Dubai law has no residential abandonment ground, so serve a payment notice through a notary public or registered mail, wait 30 days and claim eviction and the arrears at the RDC; belongings are then dealt with through its execution process. Business premises have a separate vacancy ground in Article 25(1)(d). A lawyer can advise on serving a tenant who cannot be traced.

Disagreement on terms is not an eviction ground. Give notice of the change at least 90 days before expiry unless the lease says otherwise (Article 14); if you still cannot agree, ask the RDC to determine a fair rent using the Article 9 criteria (Article 13). Recovering the unit itself needs an Article 25(2) ground and 12 months' notice.

Match the problem to a ground: late rent is (a), illegal use (c), use for another purpose or against planning rules (f), and any other legal or lease obligation (h) — the last available if the tenant does not comply within 30 days of a notice served through a notary public or registered mail. Collect evidence before serving anything; a formal demand to remedy sometimes ends the problem without a claim.

No. Article 34 bars a landlord from disconnecting services or disturbing the tenant's use “in any manner”. The tenant can report it at the police station for the area, claim damages from you at the RDC and petition its Urgent Matters Judge. The lawful route is notice, RDC claim and execution — even with months of arrears.

After an RDC ruling on own or first-degree-relative use, Article 26 bars letting to a third party for at least two years (residential) or three years (non-residential) from retaking possession; if you do, the former tenant may seek fair compensation, for which there is no set formula. Article 26 imposes no equivalent bar after a sale-based eviction. If the tenant left without a ruling, whether Article 26 applies is for a lawyer to assess.

Yes. A DIFC residential lease needs a DIFC Court order to end for breach, with claims up to AED 1,000,000 at the Small Claims Leasing Tribunal. Abu Dhabi mainland uses Law No. 20 of 2006 and the ADJD's Rental Dispute Settlement Committees. ADGM properties go to the ADGM Courts. Sharjah applies its Law No. 5 of 2024 before Sharjah's own Rental Disputes Center, a separate body from Dubai's.

The lease and renewals, the Ejari registration, ownership documents and any power of attorney, every notice with proof of service, the rent ledger and cheques, correspondence, move-in and current condition photos, and evidence for an own-use or sale ground, such as proof you own no suitable alternative property. A dated timeline lets a lawyer check the notice periods quickly.

No. LEXNOVA is not a law firm and does not give legal advice, serve notices, file claims or appear at the RDC. It is a lawyer-matching service that helps you explore potentially suitable lawyers through LEXNOVA Legal Connect; the lawyer you choose advises you, serves the notice and handles the claim and enforcement. That relationship is directly between you and the lawyer, and no outcome can be promised.

LEXNOVA is not a law firm and does not provide legal advice, legal opinions, legal representation, or legal services. Any legal advice or representation is provided directly by the independent legal professional engaged by the client.

A connection or introduction does not constitute a guarantee, endorsement, or assurance of outcome. Users should independently confirm the professional's qualifications, authorization, fees, scope of engagement, and suitability.

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